Effective Date: 20 March 2025
I, Damir Kotoric, trading as Australian Business Number 81 389 692 366, will always do my best to fulfil your project needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. In this contract, you won't find many complicated legal terms or large passages of unreadable text. I have no desire to trick you into signing something that you might later regret. I do want what's best for the safety of both parties.
You, the client, are hiring Damir Kotoric for product design and/or site building work.
As my client, you have the power and ability to enter into this contract on behalf of your company or organisation.
The work.
I offer a number of different ways to work with me:
Packages: I offer structured packages with clear pricing and scope, as listed on my website. These are fixed-price services with well-defined deliverables, ensuring transparency and predictability.
Custom Projects: If you require a custom project beyond my standard packages, I will provide a quote based on the agreed scope. This pricing will be confirmed in writing before work begins (via email, proposal, or invoice confirmation) and will be binding under this contract.
Subscriptions: These are ongoing retainers where you pay me to work for you on an ongoing basis until paused or cancelled.
Scope and Adjustments: If a project expands beyond the initially agreed scope, additional costs may apply. Any such changes will be discussed and approved in writing before work continues.
No Retroactive Price Changes: Once work has begun, the agreed price cannot be disputed or renegotiated unless both parties mutually agree to adjust the scope and cost. I will deliver consultation, UX audits, research findings, Figma design mockups, a Figma UI library, prototypes, HTML/CSS code, user testing, quality analysis, Webflow and Framer websites, and/or generative AI assets depending on what is required at any given stage of the project. If you're not happy with the work at any stage, you agree to pay me in full for all of the work I have produced until that point and you may cancel this contract at any time.
Trials and satisfaction guarantees.
Packages either have 1-week trials, or in case where there would be insufficient time for a trial, a satisfaction guarantee. Subscriptions offer a 1-week trial.
The client has 48 hours to express their request for a refund in writing at the end of a trial period where a trial period is applicable, or at the moment of delivery where a satisfaction guarantee is applicable. Refunds will be processed via the same payment method that was used for the initial purchase and will be issued within 14 days.
Subscriptions.
Subscriptions are on-going retainers where you pay me to work for you on an ongoing basis until paused or cancelled. Subscriptions are available at a monthly or quarterly basis.
Pausing a subscription.
You're free to pause your subscription at any time. Any unused weeks will be used as credit when you're ready to resume the project. Subscriptions can be paused by a maximum of 6 months at a time, after which they become void. Contact me about pausing your subscription.
Cancellation of a subscription.
You're free to cancel your subscription at any time via Stripe or by contacting me. This means stopping any further engagement past the period until which you've purchased the engagement, whether at the end of your current billing month, or the current quarter, depending on the type of subscription.
Stopping a subscription.
The flexibility of hiring a freelancer is the flexibility in being able to involve talented individuals on your team without the burden of another permanent addition to your payroll. If you, for whatever reason, decide to stop working with me, then you agree to pay me for all of the work I have produced until that point and you may cancel this contract at any time.
Changes and revisions.
It’s not uncommon for projects to change course, for extra features to be added, and for projects to grow in size. Packages offer fixed scope and unlimited revisions until project delivery. Subscriptions offer unlimited scope and unlimited revisions. However, revisions apply only within the originally agreed scope of work. If new features or significant changes are required beyond what was initially agreed, additional fees may apply. You’ll receive progress updates throughout the week, as work progresses.
It takes two to tango.
You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback and sign-off approval in a timely manner too.
I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way, I will endeavour to meet any deadlines set but I can't be responsible for missed deadlines or delays if you or any of your staff or other collaborators have been late in supplying materials, or have been slow to communicate, provide feedback and approval.
No sub-contracting.
I never subcontract. I do all the work myself. I may utilise free and paid UI libraries, AI art and assets, stock media and other design and development assets, as is common practice in the industry. However, I perform all the work myself. I may recommend the involvement of specific professionals from my network in order to meet any skill gaps, such as videographers, software engineers for complex development tasks, or illustrators for character design. However, even in those situations I'll connect you to those individuals and will ask you to hire them separately. I don't hire or employ anyone. I'm a one-man show, and all work performed is done with my own elbow grease.
Liability
I’m not liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of our collaboration. If any provision of this agreement is deemed unlawful, void, or unenforceable, the remaining provisions remain valid. While I make every effort to meet accessibility and usability guidelines, third-party audits are recommended for projects requiring strict compliance.
On occasion, I help clients by reaching out to my network to find talent that a project might require. I do my best to source and recommend top-tier professionals, and I try to recommend people who I've previously worked with. However, I make no guarantees about the people I recommend. I don't take responsibility for their behaviour, nor the quality of their work. Therefore, clients are required to form separate contracts with any individuals/organisations that I introduce them to.
Third-Party Costs
You are responsible for any third-party costs necessary for the project, including but not limited to hosting, domain registration, software subscriptions, API integrations, and stock assets. If I purchase any third-party assets or subscriptions on your behalf, you will be invoiced accordingly.
Payments
Payments are handled via Stripe. Alternatively, we can arrange for manual bank transfer payments.
Stripe
Stripe payment links are provided for convenience. Stripe is a trusted payment processor. While I take reasonable steps to keep transactions secure, I’m not responsible for any security issues on Stripe’s end.
Manual bank transfers
The amount received in my bank account must equal the invoiced amount. Any fees that would lower this amount (such as bank transfer fees and currency conversion) must be paid in full by yourself. Unless agreed otherwise, all payments are to be made in either USD — US Dollars, or AUD — Australian dollars.
If payment is more than 14 days late, a 5% interest charge will be added every 14 days, starting from the 15th day after the invoice date. If payment is not received within 30 days, I reserve the right to pause all work until the outstanding balance is settled. If payment remains unpaid for more than 60 days, I reserve the right to pursue legal action and recover all costs associated with collection.
Unforeseen Circumstances
If something unexpected happens that’s out of my control—like a natural disaster, major illness, or government restrictions—I’ll let you know as soon as possible and we’ll figure out a fair solution together.
Termination of Contract
You may cancel the contract at any time, but you agree to pay for all work completed up until the cancellation date. Likewise, I reserve the right to terminate the contract if:
You fail to make payments as agreed.
You engage in unethical or illegal activities related to the project.
You fail to communicate or provide necessary materials for an extended period.
Indemnification
You agree to indemnify and hold me harmless from any claims, damages, liabilities, or legal actions resulting from your use of my work, including but not limited to copyright issues, accessibility compliance, and third-party integrations.
Copyright
You guarantee that any materials you provide (text, images, trademarks, etc.) are either owned by you or that you have permission to use them.
Ownership: I own all work I create for you until full payment is made. Once payment is received, ownership is transferred to you.
Storage: You are responsible for storing copies of all delivered work. I am not required to keep copies after transfer.
Confidentiality
My portfolio (https://damirkotoric.com/portfolio) is my bread and butter. I showcase my work, but I use common sense and always check with you before disclosing anything sensitive.
Okay to showcase: Publicly launched products, user testimonials, and anonymized user testing findings.
Not okay to showcase: Private revenue details, unreleased projects, or anything you explicitly ask me to keep private.
Dispute Resolution
If a dispute arises, we agree to first attempt to resolve it through negotiation. If that fails, mediation will be pursued before legal action. Legal matters will be governed by the jurisdiction of Geelong, Australia.
The small print.
You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If any part becomes invalid, the rest remains in effect. Although the language is simple and friendly, this contract is a legal document.
By agreeing to these terms, you confirm that you have read and understood this contract, and that you have the authority to enter into this agreement on behalf of your company.